1967-12-05
CITY OF SOUTHLAKE
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Minutes of Regular Meeting December 5. 19(7
Mayor, J. L. Clowwcalled the meeting to order at 7:30 p.m. December 5, 19(7
Councilmen present were; J. D. Cate, Thurman Hearn, J. J. Carlile, Earl
Williams. Ben McClure was also present.
Minutes of Regular meeting of Nov. 21 and minutes of special meeting of
November 30, 19(7 were read and approved as corrected.
The, first:business to be taken up was the payments of bills. J., J._ C;rlile
made the motion -that -we -pay the sum of $549.91to Hiway 11183" Lumber Co
for building terial used in constructing the Municipal City Hall. Earl
Williams seconded the motion and the council voted unamanious in favor.
Earl Williams made the motion that, we pay the sum of $500,00 to Lloyd
T ler for carpenter work done on the construction of City Hall. Thurman
am seconded the motion and the council voted unamanious in favor.
At an earlier time the council had discussed the possib;lities,of the
Northeast Cities Advisor Council. J'o J'.'Carlile made fhe-j ti. 'that-
aoiithlake hofa join this counbil.~ J.F'~ .M Cate seconded the motion and the
council 'voted 'unaftnious in favor. Slim Hearn and C. M. Gordon were
appointed as representatives from Southlake.
It was discussed and plans were to be made t.ol~~ eapevi_ne0s Chamber
of Commerce.
A moti was made by Earl Williams to send $50.00 to Grapevine Dispatchers
as a token of appreciation. J. D. Cate seconded the motion and the
council voted una.manious in favor.
~Mr. Carlile reported that the water department was doing fine.
- n the absence of the Fire Department Chief, the mayor gave a report of
the Fire Department Donne-onf which Southlake had more present than an
other city represented with a total of 14.
C. M. Gordon reported on the progress of the planning department. He
urged all who could to come to the Planning Board meetings. It was noted
that the building permits were increasing rapidly.
44 Burll.Richardson re~orted that the Police Department wa s doing treil. Several
questions and suggestions were ma by the council which Burl answered an-'
stated that he would take action such as chec3ing into violation of rules
in regard to vehicles following the school buses. Also to viloations of
building permits and forming of new junk yards.
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Page 2 of Minutes of December 5, 1967
Mr. Ben Thompson from Lone Star. Co. was present with franchise proposal ready ~
e
to present to Council. Each councilmen reviewed their copies along with the
mayor. who hit the high points of the franchise. Their was also a side agreement A,.
concerning Section 12 which dolt with definite time as to aaceptance of
franchise and'time of commenced gas service.
Lone Star stated that they would have the franchise printed in the Grapevine
Sun newspaper.
The mayor then entertained a motion for'acceptanee. Thurman Hearn made the
motion that we grant Lone Star Gas Comparo the proposed franchise. J. J.
Carlile seconded the motion with all councilmen voting in favor. Earl
Williams then mace the motion that We also accept the'side agreement of the
franchise. J. J. Carlile made the motion that we accept the gas rate ordinance PP
As presented by Lone Star Gas Cc...Earl Williams seconded the motion. The fa
council voted unamanious in favor.
After the mayor and city secretary had signed all copies of the franchise
and returned it to Mr. Thompson to wait Lone Star' acceptance, Ea.rl'Williams
made the motion to adjourn. Thurman Hearn seconded the motion and all voted
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A copy of Gas Franchise is attached to regular m6nutes of Dec. 5, 1967.
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Approved by:
qor y `Sect',
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AN ORDINANCE GRANTING TO TONE STAR GAS COMPANY, A CORPORATION,
ITS SUCCESSORS AND ASSIGNS, A TW'~1i TY-FIVE (25) YEAR FRANCHISE
' TO FURNISH AND SUPPLY GAS TO TITS GENERAL PUBLIC IN THE CITY OF
SOUTIII.NC✓, TARRANT COUNTY, TEXAS; PROVIDING THAT THE COMPANY'S
OPERATIONS SHALL BE SUBJECT TO CITY REGULATIONS; PROVIDING FOR
COMPANY TO ELECT BARRIERS AND TO HOLD THE CITY HARMLESS FROM
' ANY LIABILITY IN CONNECTION WITH A STREET EXCAVATION; PROVIDING .
FOR C0.K?ANY TO HOLD CITY HARMLESS FOR ANY ACT OF NEGLIGENCE;
PROVIDING FOR A NON-EXCLUSIVE FRANCHISE; PROVIDING FOR COMPANY
' TO CONTRACT WITH CUSTOMERS; PROVIDING FOR COMPANY NOT TO BE
REQ.UJRED TO EXTEND THEIR LINES MORE THAN ONE HUNDRED (100)
FEET; PROVIDING FOR THE PANT OF A FEE OR CHARGE FOR THE
.USE OF THE STREETS, ALLEYS AND PUBLIC WAYS;.PROVIDING FOR
ENFORCEMENT OF PROVISIONS AND DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLPM:
SECTION 1. That the Cit• of Southlake, Texas, a municipal corpora-
tion situated in Tarrant County, Texas, hereinafter called "City,"
hereby grants to Lone Star Gas Company, a utility company authorized to
do business in the State of Texas, hereinafter called "Company," its
successors and assigns, consent to use and occupy the present and future
streets, dedicated utility easements, alleys, highways, public places,
public thoroughfares and grounds of City for the purpose of laying, main- taining, constructing, operating and replacing therein and thereon pipe
lines and all other pertinent equipment needed and necessary to deliver
and sell gas to persons, firms and corporations, including all of the
general public within the City of Southlake's corporate limits and the
environs thereof, said consent being granted for a term of twenty-five
(25) years from and after the date of the final passage and approval of
this ordinance.
SECTION 2. Company shall, lay, maintain,. construct, operate and
replaae ita pipes) mian) laterals and other aguipmant a o ao to ink ar for o
as little as possible with traffic and shall promptly clean up and restore.
all thoroughfare streets and other surfaces which it may disturb to their
original condition. The location of all mains, pipes, laterals and other
appurtenant equipment shall be fixed under the supervision of the City
' Council or an authorized committee or agent appointed by said Council.
Before the Company shall be authorized or required to extend, repair or
re-lay its existing gas mains or street service lines, or open any street,
there shall be filed with the authorized agent of the City Council a
' written statement showing the nature and character of the extensions pro-
posed to be made; provided, however, Company may make emergency repairs-
and replacements without prior filing with the authorized agent of the
' City Council, but shall file a written statement promptly thereafter.
Coi;ip zW at its own cost and expense, and at the City's request, and
for the City's benefit, shall lower, relocate or re-lay existing gas
mains or street service lines where necessary due to the lowering of
street grades by the City, closing of street, or work in or under the
City's streets by the City, but Company shall have no such obligation
therefor where the request by the City is made for the purpose of
enabling any other person, firm, corporation or governmental authority
to use the streets, alleys, highways and public places of the City, or
to use the land theretofore used for streets, alleys or highway pur-
poses.
SECTION 3. Company's property and operations in the City shall
be subject to such regulations by the City as may be reasonably neces-
sary for the protection of the general public.
SECTION 4. When Company shall make or cause to be made excava-
tions or shall, place obstructions in any street, alley or other public
place, the public shall be protected by barriers and lights placed,
erected and maintained by Company; and at the City's request and instance
the Company shall furnish flagmen to direct and help direct the traffic
around said barriers when traffic conditions reasonably so require; and
in the event of injury,to any person or damage to any property by reason
of the construction, operation or maintenance of the gas distributing
plant or system of Company, Company shall indemnify and hold harmless
the City from any and all liability in connection therewith. The Company
shall repair and clean up and restore to the original condition all
streets and alleys disturbed during the construction and repair of its
gas distributing system.
SECTION 5. Company shall hold the City harmless from all expense
or liability for any act of negligence of the Company hereunder or for
any act of trespass, nuisance, or taking or ds ging of property of the '
Company.
SECTION 6. In addition to the rates charged for gas supplied,
Company may make and enforce reasonable charges, rules and regulations
for service rendered in the conduct of its business, including a charge
for services rendered in the inauguration of natural gas service, and
may require, before furnishing service, the execution of a contract
therefor. Company shall have the right to contract with each customer
with reference to the installation of, and payment for, any and all of '
the gas piping from the connection thereof with the Company's main in '
the streets or alleys to and throughout the consumer's premises. Com-
pany sha11. own, operate and maintain all service lines which are defined
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as the supply lines from the Company's main to the consumer's property
' line when mains are located in the streets and to the consumer's prop-
erty line where mains are located in the alleys. Consumer shall own,
operate and maintain all, yard lines and house piping. Yard lines are
defined as the underground supply lines extending from the point of
:onnection with Company's service line to the point of connection with
consumer's house piping.
SECTION 7. Company shall not be required to extend mains on any
street, alley or easement more than one hundred feet (1001') for any
consumer of gas.
SECTION 8. Company shall be entitled to require from each and
i every consumer of gas, before gas services commence, a deposit of
1 twice the amount of an estimated average monthly bill, which said
deposit may be retained by Company until services are discontinued
and all bills therefor have been paid, Company then shall return said
deposit to the consumer, together with six percent (6%) interest
thereon from the date of said deposit until the date of discontinuance
of service. Company shall be entitled to apply said deposit,with
accrued interest, to any indebtedness owed Company by the consumer
1 making the deposit.
SECTION 9. The rights, privileges and franchises granted by
' this ordinance are not to be considered exclusive, and the City
hereby expressly reserves the right to grant, at any time, like p
leges, rights and franchise as it may see fit to any other person or
corporation for the purpose of furnishing gas for light, heat and
' power to and for the City and the inhabitants thereof.
SECTION 10. Company, its successors and assigns, agrees to pay
and City agrees to accept on or before the first day of June, 1968,
and on or before the same day.of each succeeding year during the life
of this franchise, up to and including the year 1992, a sum of money
1 which shall be equivalent to four percent (4%) of the gross receipts
received by Company from the sale of gas to all its consumers within
the corporate limits of said City,. including but not limited to resi-
t dential and commercial uses, industrial, governmental and municipal
uses for the preceding calendar year. Such payment shall be made by
Company and accepted by City as full payment for Company's privileges
of using and occupying the streets, alleys, highways, easements and
public ways within the City and of other fees connected with that use,
such as rentals, supervision, inspection and occupation charges in
lieu of license and inspection fees, street and alley rentals. .(Except-
ing only general or special ad valorem taxes which the City is author-
ized to levy and impose upon real or personal property or any sales
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' tax that the City may in the future be authorized to levy.) The pay-
n nt herein provided shall be for the twelve (12) months preceding
June 1, of the year in which payment is made.
In order to determine the gross receipts received by Company from
the sale of gas within the corporate limits of City, Company agrees
that on the same date that payments are made as provided in the preced-
ing paragraph, that it will. file with City Secretary a sworn report
shoiring the gross receipts received from the sale of gas to its customers
within said corporate limits for the calendar year preceding the date
of payment. City may, if it sees fit, have the books and records of
said Company examined by representatives of City to ascertain the cor-
rectness of the sworn reports agreed to be filed herein.
SECTION 3.1. The City reserves to itself the right and power at
all times to exercise, in the interest of the public, full regulation
and control to insure the rendering of efficient public service at
reasonable rates, and the maintenance of Company's property in good
repair throughout the term of this franchise. The failure of the
grantee to comply with the terms of this franchise after due notice
and hearing and the providing of an adequate time for Company to comply
with said terms shall entitle the City to compel compliance by suit
in any court of competent Jurisdiction and upon culmination of the
® suit, if the Company still fails to comply with the terms of the fran-
chise, the City may compel compliance under penalty of forfeiture
thereof.
SECTION 12. The Company shall file its written acceptance of
this franchise within thirty (30) days after its passage and approval.. '
If natural gas service is not commenced within six (6) months after
the date of final passage and approval of this ordinance, this fran-
ohiSe shy became null, and void and ne~.ther party shall have any
rights, duties or liabilities hereunder.
SECTION 13. The fact that there is an imperative public need
for an ordinance granting a franchise to supply and furnish natural
gas service creates an emergency, and any rule requiring reading and
passage of this ordinance at more than one meeting is hereby sus-
pended.
PASSED AND APPROVED at regular meeting o e City Council of
the ity of Southlake, Texas, on this the of
1967.
ATTEST:
Secretary. - - Mayor
City of Southlake, Texas
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STATE OF TEXAS §
COUNTY Or TARRANT §
i I, '2 ~ ~~-Q , . Secretary of the City of
' Southtakc, Tarrant County, Texas, do hereby certify that the above
and foregoing is a true and correct copy of an ordnance passed by the
City Councj,14of the City of Sout ake at a session held
i~ on the r, day of 3,967, as it appears of
record in the Minutes of said Council, in Book
page
Z NESS MY HAND AND SEAL OF SAID CITY, this the ~ day of
A.D. 3.967-
ary
Secret
city of Southlake, Texas
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AN ORDINANCE FIXING AND DETERMINING THE GENERAL SERVICE RATE
' TO BE CHARGED FOR SALES OF NATURAL GAS TO RESIDENTIAL AND
COMMERCIAL CONSUMERS WITHIN THE CITY LIMITS OF SOUTHLAXE,
i TARRANT COUNTY, TEXAS, AND PROVIDING FOR THE MANNER IN WHICH
..SUCH RATE MAY BE CHANGED, ADJUSTED AM AMENDED AND DECLARING
AN EMERGENCY.
' BE IT ORDAINED BY THE-CITY COUNCIL OF THE CITY OF SOUTHLAKE:
SECTION 1. Effective with the first gas bills rendered, the general'
' service rate for sales of natural gas rendered to residential and com-
mercial consumers within the city limits of Southlake by Lone Star Gas
Company, a Texas corporation, its successors and assigns, is hereby
fixed and determined as follows:
' Firat 1 MCP or Fraction thereof Gross;
$2.1889 $1.97 Net
• Next 2 MCF @ 1.3000 Gross; 1.17 per MCF net
' Next 7 MCP @ 1.0222 Gross; .92 per MCF net
Next 15 MCF @ •8555 Gross; .77 per MCF net
Next 25 MCF @ .7444 Gross; .67 per MCF net
' Over 50 MCF @ .6889 Gross; .62 per MCF net
. No gas bill will be rendered to any residential or commercial consumer
served under the above rate not consuming any gas during any monthly
billing period.
ADJUSTMENT
' The amount of each net monthly bill computed at the above stated
rates shall be subject to the following adjustment: Plus an amount
' equivalent to the proportionate part of any new tax, or increased tax,
or any other governmental imposition, rental, fee or charge (except
State, County,-City and special district ad valorem taxes and taxes on
net income) levied, assessed or imposed subsequent to January 1, 19671
upon or allocable to the Company's Distribution operations, by any new
~r amended law, ordinance or contract. Each gross monthly bill. shall
be adjusted proportionately. Company, at is option, may forego the
application of this adjustment; however, failure of Company to apply
such adjustment shall not constitute a wavier of Company's right from
time to time, or at any time, to make such adjustment, in whole or in
' part, in any subsequent current monthly bill that aA& be applicable i
to such bill. Net rate shall apply to all bills paid within ten (10) days from
monthly billing date.
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In addition to the aforesaid rates, Company shall have the right
to collect such reasonable charges as are necessary to conduct its
business and to carry out its reasonable rules and regulations in
effect.
The above rate is applicable to each residential and commercial ,
consumer per month or for any part of a month for which gas is used
at the same location.
SECTION 2. The rate set forth in Section 1 may be changed and
amended by either the City or Company furnishing gas in the manner
provided by law. Service hereunder is subject-to the orders-of regu-
latory bodies having jurisdiction, and to the Company's rules and
regulations currently on file in the Company's office.
SECTION 3. The fact that there is an imperative public need for,
an ordinance fixing and determining the rate for gas and gas service
furnished to residential and commercial consumers creates an emergency, '
and any rule requiring reading and passage of this ordinance at more
than one meeting is hereby suspended.
PASSED AND APPROVED on this the day of
• 196-7.
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ATQEST:
Secretary Mayor
City of Southlake, Texas '
STATE OF TEXAS §
COUNTY OF TARiMT §
City Secretary of the City of
Southlake, Tarrant County, Texas, hereby certify that the above and fore- '
going is a true and correct copy of an ordinance passed and approved by
the Cit Council of th City of Southlake at a session held on
the day of P_6~-,I 19 , as it appears of rec-
ord in the Minutes of said City Council; '
jTII HAND AND SEAL OF SAID CITY, this the s day of
~(J 1967.
City Secretary
City of Southlake, Texas
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AGREEMENT
' v THIS AG D W T entered into by and between the City of
Sout:lalte, Tar:-ant County, Texas, a municipal corporation, acting
herein by its duly authorized and elected municipal officials pur-
suant to a Resolution of said City, duly passed this date, herein-
after styled "City," and Lone Star Gas Company, a Texas corporatian,
acting by and through its duly authorized officers, hereinafter
styled "Company;"
' W T T N E S S E T H:
1. In consideration of the adoption by the City of Southlake
' of an ordinance granting Lone Star Gas Company, its successors and as-
sins, a franchise to furnish and supply natural gas to the general
public and the adoption by such City of an ordinance fixing and deter
mining the general service rate to be charged for sales of natural gas
to residential and commercial consumers within the city limits, a true
copy of both such ordinances being attached hereto and incorporated
• herein and made a part hereof by reference, Lane Star Gas Company binds
' itself and agrees that it shall not make application for, nor request
in any manner, a general service rate increase or any alteration, modi-
fication, or change in the attached rate ordinance--except as expressly
set forth in and in accordance with the paragraph immediately following
the heading, "ADJITSTM=T," for a period of five years, commencing with ;
the date on which this agreement is executed, and Lone Star Gas Company
' further agrees that it will not during the life of said rate ordinance
pass on more than two percent (2%) of the gross receipts charge set out
in Section 10 of said franchise ordinance.
2. Lone Star Gas Company binds itself and agrees that each '
and every potential user of natural gas located within the corporate limits
of Southlake is entitled to natural gas service and that the original dis-
tribution system will be constructed in such a manner to make natural gas
service available to each and every potential user within the corporate
limits of Southlake desirous of natural gas service who signs a Subscrib-
.er's Agreement within sixty (60) days after the date of passage of the
above franchise ordinance. Any subsequent extensions of service will
be made under the terms of Lone Star Gas Company's standard Main Line exten-
sion policies: then in effect. Lane Star Gas Company further agrees that
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during construction of the original system, inauguration of natural gas
service (including appliance conversion) shall be provided by Lone Star
Gas Company at no cast to the user of natural gas, it being understood,
however, that the user shall be responsible for the installation and i
payment for any necessary house piping or yard lines, and the user shall !
pay for all gas consumed.
aTNESS TIM E i CUTION'HBRBOF, in duplicate originals, on this
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the day Of
ATTEST: LANE STAR GAS COMPANY
' ass7. Secretary Vice President
/1yt•C~
x1'T. CITY OF SOUTHL=O TEXAS
ratary Mayor t
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STATE OF TEXAS ~
COWTY OF DALLAS §
WHEREA€p there was finally passed and approved on December 5, 1967,
an ordinance granting to Lane Star Gays Company, a corporation, its successors
and assigns, a franchise to furnish and supply gas to the general public in
the City of Southlake, Tarrant County, Texas, and the environs thereof, which
is recorded in the Minutes of the City Council of said City; and
WHEREAS, Section 12 of said ordinance provides as follows:
"SLICE 12. The Company shall file its written
acceptance of this franchise within thirty (30) days
after its passage and approval. If natural gas service
is not commenced within six (6) months after the date
of final passage and approval of this ordinance, this
franchisee shall become null and void and neither party
shall have any rights, duties or liabilities hereunder.
AND, WHEREAS, it is the desire of Lome Star Gas Cerny, the holder
of the rights, privileges and grants under the aforesaid franchise ordinance,
to comply with the above-quoted provisions of Section 12 thereof.
NOW, THERMFORE, premises considered, bane Star Gas Company, acting
by and through its duly authorized officers, and within the time prescribed
by Section 12 quoted above, does hereby agree to and accept the franchise
granted to it by the above-described ordinance, in accordance with its terms,
provisions, conditions and requirements, and subject to the stipulations and
eagreeaments therein contained.
WIT2RESS THE EXECUTI(N HEREOF,, on this the day of
1967.
A EST: LOU STAR GAS COMPANY
~i C
ass c. c t+e y fte-cutive es President
FBI ~ Viz.
STATg Of TI
=JNTX OF AUNT ~
I, LOUISZ M ISM, Secretary of the City of Smthlake, ts,
do here* certify that the above and foregoing is a true and correct copy
of a foxes acceptance of a franchise ordinance finally passed and approved
by said City cos Deamber 5, 1967, and of record in the Minutes of the City;
and I do f}srtIm certify %bat said acceptance has been filed in cassectim
with and as a part of said franchise ordinance.
OF tiICfi, witness stir icial _signature and ~the seal of said City
on this the d of 19..L_•
city Secretary
City of South? ake, Texas
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